II 

115TH CONGRESS 

1ST SESSION S. 1268 

To amend parts B and E of title IV of the Social Security Act to allow 

States to provide foster care maintenance payments for children with 

parents in a licensed residential family-based treatment facility for substance abuse and to reauthorize grants to improve the well-being of 

families affected by substance abuse. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2017 

Mr. DAINES (for himself and Mr. PETERS) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To amend parts B and E of title IV of the Social Security 

Act to allow States to provide foster care maintenance 

payments for children with parents in a licensed residential family-based treatment facility for substance abuse 

and to reauthorize grants to improve the well-being of 

families affected by substance abuse. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child Protection and 

5 Family Support Act of 2017’’. 


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1 SEC. 2. FOSTER CARE MAINTENANCE PAYMENTS FOR CHIL2 DREN WITH PARENTS IN A LICENSED RESI3 DENTIAL FAMILY-BASED TREATMENT FACIL4 ITY FOR SUBSTANCE ABUSE. 

5 (a) IN GENERAL.—Section 472 of the Social Security 

6 Act (42 U.S.C. 672) is amended— 

7 (1) in subsection (a)(2)(C), by striking ‘‘or’’ 

8 and inserting ‘‘, with a parent residing in a licensed 

9 residential family-based treatment facility, but only 

10 to the extent permitted under subsection (j), or in 

11 a’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(j) CHILDREN PLACED WITH A PARENT RESIDING

14 IN A LICENSED RESIDENTIAL FAMILY-BASED TREAT15 MENT FACILITY FOR SUBSTANCE ABUSE.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding the pre17 ceding provisions of this section, a child who is eligi18 ble for foster care maintenance payments under this 

19 section, or who would be eligible for the payments if 

20 the eligibility were determined without regard to 

21 paragraphs (1)(B) and (3) of subsection (a), shall be 

22 eligible for the payments for a period of not more 

23 than 12 months during which the child is placed 

24 with a parent who is in a licensed residential family25 based treatment facility for substance abuse, but 

26 only if— 


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1 ‘‘(A) the recommendation for the place2 ment is specified in the child’s case plan before 

3 the placement; 

4 ‘‘(B) the treatment facility provides, as 

5 part of the treatment for substance abuse, par6 enting skills training, parent education, and in7 dividual and family counseling; and 

8 ‘‘(C) the substance abuse treatment, par9 enting skills training, parent education, and in10 dividual and family counseling is provided 

11 under an organizational structure and treat12 ment framework that involves understanding, 

13 recognizing, and responding to the effects of all 

14 types of trauma and in accordance with recog15 nized principles of a trauma-informed approach 

16 and trauma-specific interventions to address the 

17 consequences of trauma and facilitate healing. 

18 ‘‘(2) APPLICATION.—With respect to children 

19 for whom foster care maintenance payments are 

20 made under paragraph (1), only the children who 

21 satisfy the requirements of paragraphs (1)(B) and 

22 (3) of subsection (a) shall be considered to be chil23 dren with respect to whom foster care maintenance 

24 payments are made under this section for purposes 

25 of subsection (h) or section 473(b)(3)(B).’’. 


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1 (b) CONFORMING AMENDMENT.—Section 474(a)(1) 

2 of the Social Security Act (42 U.S.C. 674(a)(1)) is amend3 ed by inserting ‘‘subject to section 472(j),’’ before ‘‘an 

4 amount equal to the Federal’’. 

5 SEC. 3. ENHANCEMENTS TO GRANTS TO IMPROVE WELL6 BEING OF FAMILIES AFFECTED BY SUB7 STANCE ABUSE. 

8 Section 437(f) of the Social Security Act (42 U.S.C. 

9 629g(f)) is amended— 

10 (1) in the subsection heading, by striking ‘‘IN11 CREASE THE WELL-BEING OF, AND TO IMPROVE

12 THE PERMANENCY OUTCOMES FOR, CHILDREN AF13 FECTED BY’’ and inserting ‘‘IMPLEMENT IV–E PRE14 VENTION SERVICES, AND IMPROVE THE WELL15 BEING OF, AND IMPROVE PERMANENCY OUTCOMES

16 FOR, CHILDREN AND FAMILIES AFFECTED BY

17 METHAMPHETAMINE, HEROIN, OPIOIDS, AND

18 OTHER’’; 

19 (2) by striking paragraph (2) and inserting the 

20 following: 

21 ‘‘(2) REGIONAL PARTNERSHIP DEFINED.—In 

22 this subsection, the term ‘regional partnership’ 

23 means a collaborative agreement (which may be es24 tablished on an interstate, State, or intrastate basis) 

25 entered into by the following: 


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1 ‘‘(A) MANDATORY PARTNERS FOR ALL

2 PARTNERSHIP GRANTS.— 

3 ‘‘(i) The State child welfare agency 

4 that is responsible for the administration 

5 of the State plan under this part and part 

6 E. 

7 ‘‘(ii) The State agency responsible for 

8 administering the substance abuse preven9 tion and treatment block grant provided 

10 under subpart II of part B of title XIX of 

11 the Public Health Service Act. 

12 ‘‘(B) MANDATORY PARTNERS FOR PART13 NERSHIP GRANTS PROPOSING TO SERVE CHIL14 DREN IN OUT-OF-HOME PLACEMENTS.—If the 

15 partnership proposes to serve children in out-of16 home placements, the Juvenile Court or Admin17 istrative Office of the Court that is most appro18 priate to oversee the administration of court 

19 programs in the region to address the popu20 lation of families who come to the attention of 

21 the court due to child abuse or neglect. 

22 ‘‘(C) OPTIONAL PARTNERS.—At the option 

23 of the partnership, any of the following: 

24 ‘‘(i) An Indian tribe or tribal consor25 tium. 


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1 ‘‘(ii) Nonprofit child welfare service 

2 providers. 

3 ‘‘(iii) For-profit child welfare service 

4 providers. 

5 ‘‘(iv) Community health service pro6 viders, including substance abuse treat7 ment providers. 

8 ‘‘(v) Community mental health pro9 viders. 

10 ‘‘(vi) Local law enforcement agencies. 

11 ‘‘(vii) School personnel. 

12 ‘‘(viii) Tribal child welfare agencies 

13 (or a consortia of the agencies). 

14 ‘‘(ix) Any other providers, agencies, 

15 personnel, officials, or entities that are re16 lated to the provision of child and family 

17 services under a State plan approved under 

18 this subpart. 

19 ‘‘(D) EXCEPTION FOR REGIONAL PART20 NERSHIPS WHERE THE LEAD APPLICANT IS AN

21 INDIAN TRIBE OR TRIBAL CONSORTIA.—If an 

22 Indian tribe or tribal consortium enters into a 

23 regional partnership for purposes of this sub24 section, the Indian tribe or tribal consortium— 


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1 ‘‘(i) may (but is not required to) in2 clude the State child welfare agency as a 

3 partner in the collaborative agreement; 

4 ‘‘(ii) may not enter into a collabo5 rative agreement only with tribal child wel6 fare agencies (or a consortium of the agen7 cies); and 

8 ‘‘(iii) if the condition described in 

9 paragraph (2)(B) applies, may include 

10 tribal court organizations in lieu of other 

11 judicial partners.’’; 

12 (3) in paragraph (3)— 

13 (A) in subparagraph (A)— 

14 (i) by striking ‘‘2012 through 2016’’ 

15 and inserting ‘‘2018 through 2022’’; and 

16 (ii) by striking ‘‘$500,000 and not 

17 more than $1,000,000’’ and inserting 

18 ‘‘$250,000 and not more than 

19 $1,000,000’’; 

20 (B) in subparagraph (B)— 

21 (i) in the subparagraph heading, by 

22 inserting ‘‘; PLANNING’’ after ‘‘APPROVAL’’; 

23 (ii) in clause (i), by striking ‘‘clause 

24 (ii)’’ and inserting ‘‘clauses (ii) and (iii)’’; 

25 and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(iii) SUFFICIENT PLANNING.—A 

4 grant awarded under this subsection shall 

5 be disbursed in 2 phases: a planning phase 

6 (not to exceed 2 years); and an implemen7 tation phase. The total disbursement to a 

8 grantee for the planning phase may not ex9 ceed $250,000, and may not exceed the 

10 total anticipated funding for the implemen11 tation phase.’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(D) LIMITATION ON PAYMENT FOR A FIS14 CAL YEAR.—No payment shall be made under 

15 subparagraph (A) or (C) for a fiscal year until 

16 the Secretary determines that the eligible part17 nership has made sufficient progress in meeting 

18 the goals of the grant and that the members of 

19 the eligible partnership are coordinating to a 

20 reasonable degree with the other members of 

21 the eligible partnership.’’; 

22 (4) in paragraph (4)— 

23 (A) in subparagraph (B)— 

24 (i) in clause (i), by inserting ‘‘, par25 ents, and families’’ after ‘‘children’’; 


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1 (ii) in clause (ii), by striking ‘‘safety 

2 and permanence for such children; and’’ 

3 and inserting ‘‘safe, permanent caregiving 

4 relationships for the children;’’; 

5 (iii) in clause (iii), by striking ‘‘or’’ 

6 and inserting ‘‘increase reunification rates 

7 for children who have been placed in out of 

8 home care, or decrease’’; and 

9 (iv) by redesignating clause (iii) as 

10 clause (v) and inserting after clause (ii) 

11 the following: 

12 ‘‘(iii) improve the substance abuse 

13 treatment outcomes for parents including 

14 retention in treatment and successful com15 pletion of treatment; 

16 ‘‘(iv) facilitate the implementation, de17 livery, and effectiveness of prevention serv18 ices and programs under section 471(e); 

19 and’’; 

20 (B) in subparagraph (D), by striking 

21 ‘‘where appropriate,’’; and 

22 (C) by striking subparagraphs (E) and (F) 

23 and inserting the following: 

24 ‘‘(E) A description of a plan for sustaining 

25 the services provided by or activities funded 


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1 under the grant after the conclusion of the 

2 grant period, including through the use of pre3 vention services and programs under section 

4 471(e) and other funds provided to the State 

5 for child welfare and substance abuse preven6 tion and treatment services. 

7 ‘‘(F) Additional information needed by the 

8 Secretary to determine that the proposed activi9 ties and implementation will be consistent with 

10 research or evaluations showing which practices 

11 and approaches are most effective.’’; 

12 (5) in paragraph (5)(A), by striking ‘‘abuse 

13 treatment’’ and inserting ‘‘use disorder treatment in14 cluding medication assisted treatment and in-home 

15 substance abuse disorder treatment and recovery’’; 

16 (6) in paragraph (7)— 

17 (A) by striking ‘‘and’’ at the end of sub18 paragraph (C); and 

19 (B) by redesignating subparagraph (D) as 

20 subparagraph (E) and inserting after subpara21 graph (C) the following: 

22 ‘‘(D) demonstrate a track record of suc23 cessful collaboration among child welfare, sub24 stance abuse disorder treatment and mental 

25 health agencies; and’’; 


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1 (7) in paragraph (8)— 

2 (A) in subparagraph (A)— 

3 (i) by striking ‘‘establish indicators 

4 that will be’’ and inserting ‘‘review indica5 tors that are’’; and 

6 (ii) by striking ‘‘in using funds made 

7 available under such grants to achieve the 

8 purpose of this subsection’’ and inserting 

9 ‘‘and establish a set of core indicators re10 lated to child safety, parental recovery, 

11 parenting capacity, and family well-being. 

12 In developing the core indicators, to the 

13 extent possible, indicators shall be made 

14 consistent with the outcome measures de15 scribed in section 471(e)(6)’’; 

16 (B) in subparagraph (B)— 

17 (i) in the matter preceding clause (i), 

18 by inserting ‘‘base the performance meas19 ures on lessons learned from prior rounds 

20 of regional partnership grants under this 

21 subsection, and’’ before ‘‘consult’’; and 

22 (ii) by striking clauses (iii) and (iv) 

23 and inserting the following: 

24 ‘‘(iii) Other stakeholders or constitu25 encies as determined by the Secretary.’’; 


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1 (8) in paragraph (9)(A), by striking clause (i) 

2 and inserting the following: 

3 ‘‘(i) SEMIANNUAL REPORTS.—Not 

4 later than September 30 of each fiscal year 

5 in which a recipient of a grant under this 

6 subsection is paid funds under the grant, 

7 and every 6 months thereafter, the grant 

8 recipient shall submit to the Secretary a 

9 report on the services provided and activi10 ties carried out during the reporting pe11 riod, progress made in achieving the goals 

12 of the program, the number of children, 

13 adults, and families receiving services, and 

14 such additional information as the Sec15 retary determines is necessary. The report 

16 due not later than September 30 of the 

17 last such fiscal year shall include, at a 

18 minimum, data on each of the performance 

19 indicators included in the evaluation of the 

20 regional partnership.’’; and 

21 (9) in paragraph (10), by striking ‘‘2012 

22 through 2016’’ and inserting ‘‘2018 through 2022’’. 


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1 SEC. 4. EFFECTIVE DATE. 

2 The amendments made by this Act shall take effect 

3 on October 1, 2017. 

Æ 


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